Indiana Murder and Homicide Charges

A murder charge is the most serious accusation the State can bring. The possible sentence is measured in decades, and in some cases the State can ask for life without parole or the death penalty. Defending a homicide charge requires careful investigation, close examination of forensic evidence, and a clear understanding of what the State must prove.

As a prosecutor, I tried many murder cases before juries. I handled two murder cases that ended in life without parole sentences, and one death penalty case. I know how homicide investigations are built and how the State presents them to a jury. I now use that experience to defend people charged with homicide.

What is murder in Indiana?

Indiana law defines murder in four ways:

• Knowing or intentional killing. Knowingly or intentionally killing another human being.
• Felony murder. Killing another person while committing or attempting certain serious felonies, including arson, burglary, child molesting, kidnapping, rape, robbery and human trafficking.
• Killing during drug dealing. Killing another person while committing or attempting to commit certain drug dealing or manufacturing offenses.
• Killing a fetus. Knowingly or intentionally killing a fetus at any stage of development, with limited exceptions.

In a felony murder case, the State does not have to prove an intent to kill. It must prove the required underlying felony and the legally required connection between that felony and the death. A person can sometimes be convicted even when someone else caused the fatal injury, including a person resisting the felony. But a death during a felony does not automatically establish murder. The defendant's conduct, causation and foreseeability can be central issues.

What is the sentence for murder?

Murder carries a fixed sentence of 45 to 65 years, with an advisory sentence of 55 years, and a fine of up to $10,000. The judge cannot suspend any part of the 45-year minimum.

A person who completes a fixed prison term for murder, less applicable credit time, is placed on parole for the remainder of their life. Current Indiana law also provides lifetime parole following a fixed prison term for voluntary manslaughter.

If the accused was at least 18 when the murder occurred, the State may seek the death penalty or life imprisonment without parole. If the accused was 16 or 17, the State may seek life without parole, but not death. These penalties are not automatic. The State must separately allege and prove at least one statutory aggravating circumstance beyond a reasonable doubt, and the sentencing process must address mitigating circumstances and applicable constitutional requirements. Indiana law bars both penalties when the court determines under the statutory procedure that the defendant has an intellectual disability.

Attempted murder is a Level 1 felony, carrying a sentencing range of 20 to 40 years, with an advisory sentence of 30 years and a possible fine of up to $10,000. Unlike a completed murder charge based on a knowing killing, attempted murder requires proof of a specific intent to kill and a substantial step toward that killing.

These are the basic sentencing ranges. Additional convictions or applicable sentencing enhancements can increase the total sentence. The sentence imposed and the actual release date are not necessarily the same. Credit time eligibility, the offense date and other sentencing rules require an individual calculation.

What is the difference between murder and manslaughter?

• Voluntary manslaughter is a knowing or intentional killing committed while acting under sudden heat. It is a Level 2 felony, punishable by 10 to 30 years, with an advisory sentence of 17 and a half years. Sudden heat is a mitigating factor that reduces what would otherwise be murder.
• Involuntary manslaughter includes killing another person while committing or attempting battery, a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury, or a Class A misdemeanor that inherently poses that risk. It is a Level 5 felony, carrying one to six years, with an advisory sentence of three years.
• Reckless homicide is recklessly killing another person. It is also a Level 5 felony.

Sudden heat means more than ordinary anger or an argument. It involves legally adequate provocation producing anger, rage, resentment or terror sufficient to overwhelm an ordinary person's capacity for cool reflection. Whether there was time to cool off can matter. When the evidence properly raises sudden heat in a murder case, the State must negate it beyond a reasonable doubt.

The gap between a murder sentence and a manslaughter or reckless homicide sentence is decades. Whether the evidence supports sudden heat, recklessness rather than intent, or a lesser charge is often one of the most important questions in a homicide case.

What about an overdose death?

Indiana has a separate offense called dealing in a controlled substance resulting in death. Depending on the substance and the statutory provision involved, it can be a Level 1, Level 2 or Level 3 felony.

The State must prove knowing or intentional unlawful manufacture or delivery and that use of the substance resulted in the person's death. It does not have to prove an intent to kill or harm the person. Identifying the source of the substance and proving what caused the death can be major issues.

The person's voluntary use of the substance, or use in combination with alcohol or another substance, is not by itself a defense.

Can I get out on bail if I am charged with murder?

A murder charge does not automatically rule out bail. To deny bail on that charge, the State must prove by a preponderance of the evidence that the proof is evident or the presumption strong. If the State does not meet that burden, the murder charge is bailable, and the court determines the appropriate bail or release conditions. That does not guarantee immediate release.

That bail hearing is often the first real look at the State's evidence. Preparing for it early can matter a great deal, both for getting released and for understanding the case.

Is there a time limit for charging murder?

No. A prosecution for murder can be started at any time, no matter how much time has passed since the events or since the death.

Can self-defense apply in a murder case?

Yes. Indiana law allows deadly force when a person reasonably believes it is necessary to prevent serious bodily injury to themselves or another person, or to prevent a forcible felony. When self-defense is properly raised and supported by evidence, the State must negate at least one necessary element beyond a reasonable doubt. See my page on Indiana self-defense cases.

What if I was there but did not kill anyone?

Indiana law allows a person to be convicted of an offense if they knowingly or intentionally aided, induced or caused another person to commit it. Being present at the scene, by itself, is not enough. Courts may consider the person's relationship with the participants and conduct before, during and after the crime, together with other evidence. The fact that someone else inflicted the fatal injury does not necessarily prevent a murder conviction.

Statements to police, text messages and social media can turn a witness into a defendant. If you were present when someone died, talk to a lawyer before talking to investigators.

What if the accused is a teenager?

Murder charges involving an alleged offense committed at age 16 or 17 are filed in adult criminal court in Indiana. Cases involving younger children require separate analysis of juvenile jurisdiction and possible waiver to adult court.

How is a murder case defended?

Every case is different, but these are questions I look at in every homicide case:

• Identity. Can the State actually prove who did it? Eyewitness identification, cell phone location data, video and DNA all have limits.
• Intent. Does the evidence show a knowing or intentional killing, or something else, such as sudden heat, recklessness or an accident?
• Self-defense or defense of others. Was force justified under Indiana law?
• Forensic evidence. Autopsy findings, cause and time of death, firearms and ballistics, DNA and digital evidence often need independent experts.
• The investigation. Were interviews recorded? Were statements voluntary? Were required warnings given and the person's rights respected? Were searches and warrants lawful? Were other suspects investigated?
• Witnesses. What deals or benefits were offered to cooperating witnesses, and what do their earlier statements say?

Homicide cases often involve months of discovery, expert review and pretrial motions. Charges can sometimes be reduced or dismissed, and many cases go to trial. No particular outcome is guaranteed.

What should I do if I am under investigation?

• Do not talk to police without a lawyer. You can say you want a lawyer and will not answer questions. Do not assume an investigator's description of the evidence against you is accurate. Consult a lawyer before agreeing to an interview.
• Discuss the facts privately with your lawyer, not with other people. Ordinary jail calls and messages may be monitored or recorded. Friends, family members and other inmates may become witnesses. Ask your lawyer how to communicate confidentially.
• Preserve potential evidence. Do not delete, alter, hide or destroy relevant texts, photographs, videos, social media content or other material. Doing so with intent to prevent its use as evidence can support an obstruction of justice charge.
• Call a lawyer right away, even before any arrest. Early work can preserve video, phone records and witness memories.

Every case depends on its own facts. This page is general information, not legal advice, and past results do not guarantee a similar outcome.